National
Science
Foundation
Office
of
the
Director
July
11,
2019
Personnel
Policy
on
Foreign
Government
Talent
Recruitment
Programs
Background
Basic
research
is
one
of
the
underpinnings
of
America's
ability
to
sustain
its
position
as
an
innovation
leader,
its
economic
strength,
and
its
national
security.
Openess,
transparency,
and
collaboration
are
essential
for
basic
research.
These
are
the
values
that
have
driven
NSF
and
its
global
research
partners
since
our
inception.
However,
open
scientific
exchange
and
research
faces
a
challenge
from
programs
sponsored
by
some
foreign
governments
or
affiliates,
sometimes
referred
to
as
"foreign
government
talent
recruitment
programs."
In
general,
such
programs
disregard
intellectual
and
other
proprietary
rights,
and
reflect
foreign
state-sponsored
attempts
to
acquire
U.S.
funded
scientific
research
through
foreign
government
run
or
funded
recruitment
programs
that
target
scientists,
engineers,
academics,
researchers,
and
entrepreneurs
of
all
nationalities
working
or
educated
in
the
United
States.
Foreign
government
talent
recruitment
programs
threaten
to
compromise
the
values
of
openness,
transparency,
collaboration,
and
integrity
of
science
and
engineering
research.
These
foreign
government
talent
recruitment
programs
differ
greatly
from
the
international
scientific
research
collaborations
in
which
NSF
actively
participates.
Productive
international
scientific
research
collaboration
relies
on
reciprocal
scientific
exchange
for
mutual
benefit,
which
NSF
continues
to
pursue
and
which
is
vital
to
our
mission.
NSF
is
working
with
the
scientific
community,
our
federal
partners,
and
other
stakeholders
to
understand
the
challenges
of
talent
recruitment
programs.
The
goal
is
to
protect
researchers
and
the
public
while
continuing
to
promote
collaboration
and
innovation.
This
policy
provides
guidance
about
the
obligations
of
NSF
personnel
and
IPAs
with
respect
to
foreign
government
talent
recruitment
programs.'
Distinguishing
features
of
a
foreign
government
talent
recruitment
program
covered
by
this
policy
include:
(a)
Compensation
provided
by
the
foreign
state
to
the
targeted
individual
in
exchange
for
the
individual
transferring
knowledge
and
expertise
to
the
foreign
country.
The
compensation
can
take
several
forms,
such
as
cash,
research
funding,
honorific
titles,
career
advancement
opportunities,
promised
future
compensation,
or
other
types
of
remuneration
or
other
consideration.
(b)
Recruitment
refers
to
the
foreign
state
sponsor's
active
engagement
in
attracting
the
targeted
individual
to
join
the
foreign-sponsored
program
and
transfer
their
knowledge
and
expertise
to
the
foreign
state.
The
targeted
individual
may
be
employed
and
located
in
the
United
States,
or
in
the
foreign
state.
Note
that,
generally,
an
invitation
by
a
foreign
state
to
simply
attend
or
present
work
at
an
international
conference
would
not
constitute
recruitment.
2415
Eisenhower
Avenue,
Suite
19100
Alexandria,
VA
22314
2.
Obligations
of
NSF
Personnel
and
IPAs
As
a
longstanding
obligation
of
public
service,
NSF
personnel
(all
NSF
employees,
including
Federal
temporary
employees;
employees
appointed
under
the
Visiting
Scientist,
Engineer,
and
Educator
Program
(VSEE);
fellows;
students;
and
intermittent
experts),
as
well
as
Intergovernmental
Personnel
Act
(IPA)
assignees
have
a
responsibility
to
the
United
States
Government
and
its
citizens
to
place
loyalty
to
the
U.S.
Constitution,
laws,
and
ethical
principles
above
private
gain
(5
CFR
ยง
2635.101(a)).
Employees
of
the
Federal
Government
may
not
accept
employment,
gifts,
or
compensation
from
any
foreign
government,
including
any
entity
which
is
owned
or
operated
by
the
foreign
government,
which
may
include
public
research
institutions
or
universities.
This
prohibition
is
found
in
the
"emoluments
clause"
of
the
U.S.
Constitution
(Article
I,
Section
8,
Clause
8).
NSF
personnel
and
IPAs
must
adhere
to
the
following
principles
of
ethical
conduct,
per
Executive
Order
12674,
as
amended
by
Executive
Order
12731:
1)
Public
service
is
a
public
trust,
requiring
NSF
personnel
and
IPAs
to
place
loyalty
to
the
Constitution,
the
laws,
and
ethical
principles
above
private
gain.
2)
NSF
personnel
and
IPAs
shall
not
hold
financial
interests
that
conflict
with
the
conscientious
performance
of
duty.
There
is
a
risk
that
participation
in
foreign
government
talent
recruitment
programs
by
NSF
personnel
and
IPAs
will
compromise
these
ethical
principles.
Such
participation
poses
significant
risks
of
inappropriate
foreign
influence
on
NSF
policies,
programs,
and
priorities,
as
well
as
risk
to
the
integrity
of
NSF's
merit
review
process
and
to
U.S.
national
interests.
Policy
To
mitigate
these
risks,
NSF
personnel
employed
at
and
IPAs
detailed
to
NSF
are
not
permitted
to
participate
in
foreign
government
talent
recruitment
programs.
NSF
personnel
and
IPAs
must
comply
with
this
policy.
Failure
to
do
so
could
result
in
disciplinary
action
up
to
and
including
removal
from
Federal
Service
and
referral
to
the
Office
of
Inspector
General.
Any
questions
regarding
this
policy
and
whether
an
affiliation
with
a
foreign
government
falls
within
the
definition
of
foreign
government
talent
recruitment
programs
should
be
directed
to
the
NSF
Designated
Agency
Ethics
Official.
